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Variants of obtaining a residence permit in Germany

26.02.2019
Author: Dinara Gracheva
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Germany, being a country with a sustainable economy and a clear regulation on all aspects of life, has long attracted the attention of not only tourists, but also those who wish to settle here for a long time, and forever. Consider the variations of obtaining a residence permit in Germany.

In terms of the possibility of obtaining a residence permit, Germany is considered to be one of the most "difficult" countries. Especially when it comes to citizens from countries outside the European Union. But, despite this, the German government encourages investment in the country's economy, including from foreigners - and the acquisition of real estate is an investment in the economy. Accordingly, it is this path that can be optimal when obtaining a residence permit in Germany, but only the very fact of buying real estate does not give this right.

Residence permit options

Since there is no immigration program in Germany that implies obtaining a residence permit for the purchase of real estate or in exchange for investments in government securities, as can be seen in Spain or Greece, but foreigners have other options for obtaining a permanent residence permit. The Federal Law on the Residence of Foreigners (Aufenthaltsgesetz) covers various life situations, among which the key ones are: education, marriage, reunification with parents for minors, employment and entrepreneurship. As an exception, confirmation of the status of a wealthy person may become the basis.

The last point is especially interesting. Firstly, because few people know about it, and secondly, because it is the easiest way to obtain a residence permit in Germany for wealthy people. It does not require investment in the economy or starting a business. If a foreigner receives a residence permit as an entrepreneur, then almost everything depends on what is and how his business project is presented. And the amount of investment can be very modest and is determined by the business plan. At the same time, when obtaining a residence permit as a financially independent person, investments are not needed: of course, it is necessary to prove that the applicant has capital (from 1 million euros for a family, real estate, business, etc.), but it is not required to invest it anywhere.

In both cases, the residence permit is initially issued for one year, then twice extended for two years directly in Germany. The advantage of immigration through business is the ability to quickly obtain permanent residence (permanent residence permit, which does not require renewal), if the business plan is successfully implemented. But in both cases, such a right will appear only after five years after successfully passing the language exam. Therefore, if a residence permit is only an intermediate stage for a foreigner on the way to obtaining citizenship, then it is better to start learning German now. But at the same time, after five years of stay in Germany, even without knowledge of the German language, there is an opportunity to extend the residence permit for another five years, and for people over 65 years old - indefinitely. After seven years of residence in the country, the right to apply for citizenship appears.

How to get a residence permit in Germany

Strategy for obtaining a residence permit through the purchase of real estate

The first and main argument for obtaining a residence permit in Germany is the desire to move the center of vital interests to the country in the future. It should be noted that in the law there is no such basis for issuing a residence permit as "real estate ownership", but its acquisition provides small advantages. For example, a permit may be obtained on the basis of “desire to spend time in real estate during the vacation period”. It is not so important - own or rented. In addition, the law does not provide for a minimum amount of real estate purchases (the threshold of 250,000 euros was abolished in 2015, as well as the creation of at least five jobs in the company).

Indirectly, the purchase contributes to confirmation: both the availability of property and motivation to live in Germany. But this does not mean that for the sake of obtaining a residence permit one has to buy real estate. Some realtors are pushing clients to this, promising " buy a villa - get a residence permit." No one can guarantee this, the application is considered individually, and even if there is real estate worth several million euros, the applicant may be refused. Therefore, most experts advise: if the main goal is legalization in Germany, first it is better to get a residence permit, and only then buy real estate.

Residence permit in Germany when buying real estate

How can a property owner become an entrepreneur?

The hotel owner, who is actively involved in the conduct of business, may, under certain conditions, apply for a residence permit or even permanent residence. Owners of any commercial or residential real estate have the same chances. To do this, the foreigner must be a valid entrepreneur, for example, the executive director of an LLC (GmbH), and not just its shareholder. It must always be remembered that the salary (profit) must be of such a size that it could cover the living wage of a foreigner and his family members, pay for health insurance for everyone, make regular savings in life insurance or pension insurance, pay living expenses (rent and utility costs or only a communal apartment if the property is owned). Financial receipts in the territories of other countries are not income. That is, only earnings from a specific entrepreneurial activity are taken into account.

Summing up the possibilities of obtaining a residence permit in Germany regarding the purchase of real estate in this country, we emphasize that the ownership of residential or commercial real estate automatically does not give any additional rights to the buyer. For owners of commercial real estate or several residential properties that generate a regular income, it looks a little different if they become entrepreneurs and register their company. The previously mentioned federal law "On the stay of foreigners" names the following conditions under which a non-resident entrepreneur can obtain a residence permit in Germany:

  1. presence of economic interest or need on the part of the region
  2. entrepreneurial activity has a positive impact on the German economy
  3. securing financing from equity or borrowed capital

Residence permit in Germany for entrepreneurs

The presence of the prerequisites for the first point is assessed based primarily on how viable the entrepreneur's idea is, whether he has experience as an entrepreneur, what is the size of investment capital, what impact it has on the employment and education situation, and what contribution is made to innovation and research. Responsible departmental institutions, the department for registration of entrepreneurs, administrative and legal trade unions and bodies for issuing permits for professional activities located at the place of registration of the enterprise are involved in checking the fulfillment of these conditions.

Thank you for your help in preparing the material:

Hermann Moyzhes, Consultant at AVERS Group Germany GmbH

Lyudmila Belykh, realtor and financial consultant at Bavaria Property

Daria Biryukova, manager of DEM GROUP GmbH

Julia Fuchs, Director of Fuchs Real Estate GmbH

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Discussion
Kutuzov Ruslan
Good day! I am very interested in considering moving to Germany. I am in business and ready to purchase. Any real estate (hotel) I am going to learn German, while I speak only Russian. Do you advise or can you provide assistance in the selection of commercial real estate? Thank you.
22 of Mar 2021, 09:12:10
Good afternoon, Ruslan. You can get answers from our experts to all your questions in the "Consultations" section. You can also get acquainted with the offers of commercial real estate in Germany on our portal in the corresponding section of the catalog . In addition, you can send a general request for the selection of real estate according to the parameters you are interested in.
22 of Mar 2021, 17:30:31
Reply
Ira Lugansk
Hello, tell me .......)) I understood about real estate and about business too. But how can ordinary small entrepreneurs or people who have no more than $ 5,000 in their account obtain German citizenship? There is such a possibility in reality. There are documents of father and grandmother confirming Jewish roots! Also interested in learning. Please inform. iobratenko@gmail.com Zaranee blagodarna))
26 of Jan 2021, 20:56:22
Reply
Victor.
Good evening. Interested in obtaining a residence permit for a wealthy person. Who are the documents submitted to and who decides on the issuance of a residence permit.
18 of Oct 2020, 20:12:23
Reply
Hello ! I was interested in a residence permit for a foreigner falling under the status of a wealthy person. The article says that you need to have from 1 million euros per family. The question is, who is family? Parents retired is part of the family? So it is written that you can have real estate. The question is, can real estate be located NOT in Germany, but in another country? Is the value of this property in the above million? The same with business. Can there be a business NOT in Germany, but in another country, and what kind of it can be? Thanks in advance for your reply.


Source: link
27 of Mar 2019 23:23:15
Vladimir
Lyudmila, the article clearly states: your business should be in the territory of Germany. IF you didn’t even understand this, then it will be impossible for you to live in Germany.
6 of Sep 2019, 05:43:36
Reply
Adil mehdiyev
Hello. I would really like to receive advice from Daria Biryukova, a real estate agent and financial consultant at Bavaria Property. Thanks in advance.
28 of Feb 2019 11:52:03
Good afternoon, you can get advice from a realtor and a financial adviser in the Moscow office by phone (direct contacts in the comments are not allowed - adm.)
28 of Feb 2019, 20:45:19
Good day. Here you have mixed two companies. If you mean me, all my contacts are here: link
28 of Feb 2019 21:55:47
Vladimir
Dear Lyudmila Belykh, I am interested in the possibility of buying real estate in GERMANY. Specifically, in apartment buildings that for various reasons have come to a non-residential state. My email address: moimir2010@ukr.net
Interested in objects from 100 square meters. M.
Thank you for your reply.
Sincerely.
6 of Sep 2019, 05:51:07
Reply